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DCFRMAA (Control Board)
Second Resolution and Order Concerning District of Columbia Public School System
February 12, 1998

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DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHORITY
Washington, D.C.

("Authority")

SECOND RESOLUTION AND ORDER CONCERNING DISTRICT OF COLUMBIA PUBLIC SCHOOL SYSTEM

WHEREAS, on November 15, 1996, the Authority adopted a Resolution, Order and Recommendation Concerning District of Columbia Public School System, a copy of which is attached hereto;

WHEREAS, the Authority made detailed findings as to the condition of the District of Columbia public school system ("DCPS") at pp. 1-5 thereof;

WHEREAS, these findings were valid when made and the Authority reaffirms their validity;

WHEREAS, on January 6, 1998, a panel of the United States Court of Appeals for the District of Columbia Circuit held that Congress had provided that the Authority "is able to use its 207(d) power [under Public Law 104-8, as amended] to issue orders as if it were the Board of Education"; that the Authority "can, by using section 207(d), assume any or all of the Board of Education's powers"; and that "It is up to the [Authority], and only the [Authority], to determine what authority is left to the Board of Education." (Opinion of January 6, 1998, pp. 10-11);

WHEREAS, the panel of the U.S. Court of Appeals further held that, under existing law, the Authority could not delegate to the Emergency Transitional Education Board of Trustees created by the Order of November 15, 1996, the authority to exercise the powers of the Board of Education which the Authority could assume and exercise itself (Id. at p. 18); and

WHEREAS, it is appropriate to issue a new Order to carry out the purposes of Public Law 104-8, as amended, and other Acts of Congress and to effectuate the decision of the panel of the U.S. Court of Appeals.

ORDER

Now therefore, it is ORDERED, pursuant to Public Law 104-8 as amended, Public Law 104-134, Public Law 104-194, Public Law 104-208, Public Law 105-33, Public Law 105-100, and the opinion of the United States Court of Appeals for the District of Columbia Circuit in Shook v. D.C. Financial Responsibility and Management Assistance Authority, issued January 6, 1998:

1. The Authority hereby declares the continued existence of a state of emergency in the District of Columbia public school system.

2. The Authority shall have and exercise all the authority, powers, functions, duties, responsibilities, exemptions, and immunities of the Board of Education, under Title 31 of the D.C. Code and any other provision of District of Columbia and federal law, rules and regulations, including but not limited to the District of Columbia School Reform Act of 1995, Title II of Public Law 104-134. The Authority shall be the state educational agency for the District of Columbia, where such an agency is designated by any District of Columbia or federal law, regulation, delegation, or program.

3. The Emergency Transitional Education Board of Trustees ("Board of Trustees") shall act as an agent of, and make recommendations to, the Authority on all matters relating to the District of Columbia public school system, including the Authority's role as the state educational agency for the District of Columbia. In carrying out its activities, the Board of Trustees shall seek out the views of the Board of Education and the residents of the District of Columbia, in furtherance of Chapter 4 of Title 5 of the D.C. Municipal Regulations dealing with community involvement in education.

4. Upon receipt of a recommendation from the Board of Trustees, the Authority shall promptly review it. Recommendations to the Authority by the Board of Trustees shall be accorded great weight by the Authority. The Authority shall approve or disapprove the recommendation after its review. If the Authority does not notify the Board of Trustees of its disapproval of a recommendation within the 7-day period (excluding Saturdays, Sundays, and legal holidays) beginning on the day following the receipt of the recommendation from the Board of Trustees, the Authority shall be deemed to have approved the recommendation. At the option of the Authority, the 7-day period may be extended to a 14-day period (excluding Saturdays, Sundays, and legal holidays).

5. The members of the present Board of Trustees, as heretofore selected under Paragraph 2 of the Order of November 15, 1996, shall continue in office. The members of the Board of Trustees shall be selected in the future as provided for in Paragraph 2 of that Order. All other provisions of Paragraphs 2-4 of the Order of November 15, 1996, shall remain in effect unless and until modified by the Authority.

6. The Authority reaffirms the establishment of a CEO-Superintendent, as an agent of the Authority, who shall be a person of recognized administrative ability and management experience. The Authority, after consultation with the Board of Trustees, shall appoint the CEO-Superintendent and fix the amount of his or her compensation and other terms and conditions of employment. The CEO-Superintendent may be removed from office at will by the Authority, after consultation with the Board of Trustees. The Board of Trustees shall evaluate the performance of the CEO—Superintendent.

7. The Authority reaffirms its confidence in and its appointment of Julius W. Becton, Jr., (Lieutenant General, U.S. Army, Retired) to the position of CEO-Superintendent as provided by its Order of November 15, 1996, a copy of which is attached hereto.

8. The CEO-Superintendent shall have responsibility for the operation and management of the District of Columbia public school system. He shall have and exercise all the authority, powers, functions, duties, responsibilities, exemptions, and immunities of the Superintendent of Schools, under Title 31 of the D.C. Code and any other provision of District of Columbia and federal law, rules and regulations, including but not limited to the District of Columbia School Reform Act of 1995, Title II of Public Law 104-134, and such other authority, powers, functions, duties, and responsibilities as the Authority shall in its sole discretion delegate to the CEO-Superintendent. The CEO-Superintendent shall be the state educational officer or state superintendent of education where such an office is designated by any District of Columbia or federal law, regulation, delegation or program.

9. The CEO-Superintendent shall report to the Authority through the Board of Trustees with respect to his or her activities and performance, the nature of the reforms which he or she has instituted, the effect those reforms have had on the operation and administration of the public school system and on the performance of students, teachers, and staff of the public school system, and on such other matters as the Authority deems necessary or appropriate to help assure continuing improvement in the public school system. The CEO-Superintendent shall also render reports to the public. Such reports shall be public documents, and shall be made at least annually, beginning with the school year that commenced in 1997.

10. Subject to action by the Board of Trustees and final approval by the Authority, the CEO-Superintendent, in addition to exercising the authority, powers, functions, duties and responsibilities herein provided, shall oversee all facility planning, construction, improvement, repair, rehabilitation, maintenance, and disposition of surplus property, including implementation of Sections 5201 and 5206 of Public Law 104-208, with respect to school buildings and grounds.

11. Subject to action by the Board of Trustees and final approval by the Authority, the CEO-Superintendent shall appoint such officers and employees as the CEO-Superintendent deems necessary or appropriate, including but not limited to officers for finance, facilities, operations, education, and human resources. Such persons may be appointed and paid without regard to any provision of the District of Columbia Code governing appointments and salaries. These officers and employees shall be assigned functions, duties, and responsibilities by the CEO-Superintendent and shall serve at the pleasure of the CEO-Superintendent.

12. The CEO-Superintendent shall draw up the annual budget of the District of Columbia public school system and submit it for action by the Board of Trustees and final approval by the Authority in accordance with the applicable provisions of District and federal law, including Public Law 104-8, as amended.

13. There is hereby established an office under the CEO-Superintendent to provide liaison, administrative support and information to the Authority, the Board of Trustees, and the Board of Education.

14. Subject to action by the Board of Trustees and final approval by the Authority, the CEO-Superintendent is directed, authorized, and empowered to take all necessary or appropriate actions to:

(i) improve the quality of educational services provided to students in the District of Columbia public schools;

(ii) ensure ongoing academic improvement in schools through the establishment of a strong school improvement and recognition process;

(iii) streamline and strengthen the management of the system, including a responsible school-based budgeting process, in order to refocus resources on student achievement;

(iv) reduce the cost of non-educational services and implement cost-saving measures, including the privatization of services where deemed necessary or appropriate;

(v) develop a long-term financial plan that to the maximum extent possible reflects a balanced budget for each year;

(vi) develop the long-term reform plan under the District of Columbia School Reform Act of 1995, Title II of Public Law 104-134;

(vii) develop programs that –

(A) ensure every student in a District of Columbia public school achieves basic literacy skills;

(B) ensure every such student possesses the knowledge and skills necessary to think critically and communicate effectively by the completion of grade 8; and

(C) lower the dropout rate in the District of Columbia public schools;

(viii) develop districtwide assessments, including individual assessments, that identify District of Columbia public school students who lack basic literacy skills, with particular attention being given to grade 4 and the middle school years, and establish procedures to ensure that a teacher is made accountable for the performance of every such student in such teacher's class;

(ix) make recommendations to improve community, parent, and business involvement in District of Columbia public schools and public charter schools;

(x) assess opportunities in the District of Columbia to increase individual student involvement and attention through such activities as arts or athletics, and make recommendations on how to increase such involvement;

(xi) establish procedures that ensure every District of Columbia public school student is provided the skills necessary for employment, including the development of individual career paths.

(xii) enact policies and procedures that ensure that the school system runs in an ethical as well as efficient manner;

15. Notwithstanding any other provision of law or contract, subject to action by the Board of Trustees and final approval by the Authority, the CEO-Superintendent is authorized to contract with third parties for services otherwise performed by employees, including those in a bargaining unit, and to lay off those employees upon written notice to the affected employees. Such contracts with third parties may be awarded on a system-wide basis.

16. Notwithstanding any other provision of law or contract, subject to action by the Board of Trustees and final approval by the Authority, the CEO-Superintendent is also authorized, in accordance with Section 150(d) of Public Law 105-100, to promulgate rules establishing procedures governing the layoff or reduction in force of employees of the school system and the recall of such employees, including, but not limited to, criteria for such layoffs, reductions in force or recall rights of such employees and the weight to be given to any particular criterion. Such criteria shall take into account factors including, but not limited to, qualifications, certifications, experience, performance ratings or evaluations, and any other factors relating to an employee's job performance.

17. This Order shall terminate on June 30, 2000, unless extended by the Authority. Thereafter the District of Columbia Board of Education shall have and exercise its full authority, powers, functions, duties and responsibilities under District of Columbia and federal law.

18. The Board of Education, through its President who will be a member of the Board of Trustees, shall have a vote on all matters coming before the Board of Trustees. In addition, the Board of Education shall provide input, advice, counsel, guidance, reports and recommendations on general educational policy, including such matters as curriculum, testing, instructional methods, specialized or alternative programs, education of the handicapped, assessment and evaluation of the needs and achievements of students, teachers, and other employees of the public school system, distribution of educational resources, licensing and certification, admission, grading, promotion, graduation, discipline, student rights and responsibilities, interscholastic athletics, and the school calendar. Such input, advice, counsel, guidance, reports and recommendation shall be provided through the President of the Board of Education. Such input, advice, counsel, guidance, reports and recommendations of the Board of Education shall be consistent with educational goals and objectives established by the Authority, the Board of Trustees and the CEO-Superintendent. In providing such input, advice, counsel, guidance, reports and recommendations, the Board of Education shall seek out the views of the Mayor, the Council, and the residents of the District of Columbia, in furtherance of Chapter 4 of Title 5 of the D.C. Municipal Regulations dealing with community involvement in education. The Board of Education shall be an eligible chartering authority for Public Charter Schools pursuant to the District of Columbia School Reform Act of 1995. The Board of Education shall also review and comment on the annual budget of the District of Columbia public school system.

19. If any provision, section, sentence, clause, phrase, or word of this Order, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect any other provision, section, sentence, clause, phrase, word, or application of this Order which can be given effect without regard to the invalid provision, section, sentence, clause, phrase, word, or application. To this end the provisions of this Order are severable.

20. This Order is effective immediately.

Dated: February 12, 1998

________________________________
Andrew F. Brimmer
Chair

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